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criminal damage
33 Answers
Hi,
My scooter was clamped, when i showed up to the nearest police station they told me it had been reported stolen. I didn't have all documents proving i legally own it, got slightly annoyed as i didn't understand it had been reported stolen and was late for a meeting. On my way out i closed the door a bit too hard and accidentally cracked the glass window. I was arrested for criminal damage (even though it was a complete accident). They put me in custody and told me i would get a caution and would process my case in 20mn. After 2 hours in a cell they charged me with suspicion of theft of my own scooter. After the interview, the inspector decided to charge me with criminal damage (i assume his decision was based on the suspicion of theft). i am now due to appear in court shortly, i spent 4 hours in custody. i have produced the documents proving i am the legal owner and got the deal who sold it to me to send the history log to the police. This matter is still unresolved and the police is looking into into it although after seeing my documents they told me i was the legal owner and they must have been a hiccup from either the police or the dvla when it was reported stolen. I work in financial services and cannot afford a criminal record, i have no priors and am the victim of their mistake. What am i in for? what am i entitled to, should i threaten to sue and get the pnc cleared and legal costs covered as well.
My scooter was clamped, when i showed up to the nearest police station they told me it had been reported stolen. I didn't have all documents proving i legally own it, got slightly annoyed as i didn't understand it had been reported stolen and was late for a meeting. On my way out i closed the door a bit too hard and accidentally cracked the glass window. I was arrested for criminal damage (even though it was a complete accident). They put me in custody and told me i would get a caution and would process my case in 20mn. After 2 hours in a cell they charged me with suspicion of theft of my own scooter. After the interview, the inspector decided to charge me with criminal damage (i assume his decision was based on the suspicion of theft). i am now due to appear in court shortly, i spent 4 hours in custody. i have produced the documents proving i am the legal owner and got the deal who sold it to me to send the history log to the police. This matter is still unresolved and the police is looking into into it although after seeing my documents they told me i was the legal owner and they must have been a hiccup from either the police or the dvla when it was reported stolen. I work in financial services and cannot afford a criminal record, i have no priors and am the victim of their mistake. What am i in for? what am i entitled to, should i threaten to sue and get the pnc cleared and legal costs covered as well.
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Its already going to court unless the CPS overrules the inspector's decision, can that happen?. Is there any way I could get them to erase my CNP record, arguing I shouldn't have been there in the first place since this was all a mistake, or are these two separate issues. This is very important for me as I am due to take directorship positions in companies, travel to the US for work on a regular basis and work for a financial services firm with pretty stringent background check procedures.
Many thanks for your help and answers
Many thanks for your help and answers
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-- answer removed --
1. Who actually reported your scooter missing and why?
scooter was reported stolen by someone who is apparently linked to a previous owner (I think its his wife), that's all I know
2. Was it reported as stolen BEFORE it was found clamped - or AFTER?
I assume it was before, thats why they clamped it
3. What reason did the Police have to think that you did it yourself?
no reason, since it was reported stolen and i claimed it was mine i have been considered a suspect even before my ownership could be proven (didn't even had time to since i was arrested for the door incident before), i have since provided all the documentation proving i own it, the dealer called the police with the ownership history log. As far as Im concerned (and the cop who reviewed my documenst), I'm the legal owner.
I can tell you that this door in particular is not very solid, its an old door with single glazing
scooter was reported stolen by someone who is apparently linked to a previous owner (I think its his wife), that's all I know
2. Was it reported as stolen BEFORE it was found clamped - or AFTER?
I assume it was before, thats why they clamped it
3. What reason did the Police have to think that you did it yourself?
no reason, since it was reported stolen and i claimed it was mine i have been considered a suspect even before my ownership could be proven (didn't even had time to since i was arrested for the door incident before), i have since provided all the documentation proving i own it, the dealer called the police with the ownership history log. As far as Im concerned (and the cop who reviewed my documenst), I'm the legal owner.
I can tell you that this door in particular is not very solid, its an old door with single glazing
What was your attitude towards the police when they told you that until you produced documents proving you owned the vehicle that you would be unable to take it back?
If you went in all guns blazing then this would explain why they then arrested you for criminal damage with intent.
Obviously you were hacked off otherwise you wouldn't of caused the damage to their property whether, it was an accident or not.
Dizmo.
If you went in all guns blazing then this would explain why they then arrested you for criminal damage with intent.
Obviously you were hacked off otherwise you wouldn't of caused the damage to their property whether, it was an accident or not.
Dizmo.
I guess I was, I wasn't very happy indeed. I initially slammed the door walked back to my scooter as my proof of purchase was in there its only when i went back to the police station that i saw the cracked glass window and got arrested.
What am i in for, can i just consider my city career over and move on to some place else?
Many thanks for your help
What am i in for, can i just consider my city career over and move on to some place else?
Many thanks for your help
If it goes as far as court (which you say it seems to be doing) I honestly shouldn't worry too much. I'll ask my mum what she would do with you (she's been a 'bench chairmen' magistrate for 20+ years), that's after I have picked her up from the pub in an hour or so!
If you tell them exactly what happened and admit that you displayed anger under the circumstances although didn't cause any damage to properly intentionally I hardly think they can convict you on the grounds of criminal damage.
You left the building accidently breaking the window glass then went back, after getting relevant documents from your vehicle. I can't see there being a problem but I will speak to someone who has been on the Magistrates bench for 20 years and see what she says.
Dizmo.
If you tell them exactly what happened and admit that you displayed anger under the circumstances although didn't cause any damage to properly intentionally I hardly think they can convict you on the grounds of criminal damage.
You left the building accidently breaking the window glass then went back, after getting relevant documents from your vehicle. I can't see there being a problem but I will speak to someone who has been on the Magistrates bench for 20 years and see what she says.
Dizmo.
dizmo: Criminal Damage does not require intent. The offence can be committed if a person just acted reckless etc.
Victim: There is something odd here (unless its just me). You would have been told the full version of events in your police interview and surely you registered the vehicle in your name or have you recently purchased it?
Who has the scooter now? and are you on bail or been charged?
Victim: There is something odd here (unless its just me). You would have been told the full version of events in your police interview and surely you registered the vehicle in your name or have you recently purchased it?
Who has the scooter now? and are you on bail or been charged?
My apologies dh001 I re-read my last statement, it should read "I hardly think they can convict you on the grounds of criminal damage with intent"
In the eyes of the magistrates the difference between reckless and intentional could save him having to explain a conviction to his bosses. In all fairness a case like this will probably be chucked out of court rather quickly.
I do agree though, something is odd about this (unless it's just the both of us lol)
Dizmo.
In the eyes of the magistrates the difference between reckless and intentional could save him having to explain a conviction to his bosses. In all fairness a case like this will probably be chucked out of court rather quickly.
I do agree though, something is odd about this (unless it's just the both of us lol)
Dizmo.
Scooter is in my name, V5C, insurance everything is in order, the person who reported it stolen is a relative of one of the previous owners from what i understand. From what the police told me when i showed my documents; there could have been a mistake by either the officer to whom it was reported stolen or most likely the DVLA or it could have been stolen and sold to the dealership who in turn sold it to me. Another possibility could be that the person reporting it stolen could be commiting fraud, very unlikely but an option.
Dizmo that would be fantastic to get your mum's view on this. When I got arrested i was very calm and courteous with the police, i complied with what they told me the mistake i made is not getting legal representation at the station.
The main reason i got angry when they told me my bike was reported stolen is that i was late for an important meeting and since my previous bike has been stolen 3 months ago i found this allegation ludicrous. This is not a reason for slamming a door, but this was a total accident and I might have been reckless but this was not intended at all
I have no priors (maybe one parking ticket) and never had a run in with the police.
I like to comfort myself by thinking this won't go very far, but i can't help thinking that tey could make an example of me. I have apologized many times and offered to pay for the replacement of the window (which is merely cracked and not broken), all the constables i have spoken to have told me this is very harsh and that i should apologize before the court which i will do.
I would like to thank everybody on this forum for their help.
Someone mentioned a bend over is this something that could be applied here?
Dizmo that would be fantastic to get your mum's view on this. When I got arrested i was very calm and courteous with the police, i complied with what they told me the mistake i made is not getting legal representation at the station.
The main reason i got angry when they told me my bike was reported stolen is that i was late for an important meeting and since my previous bike has been stolen 3 months ago i found this allegation ludicrous. This is not a reason for slamming a door, but this was a total accident and I might have been reckless but this was not intended at all
I have no priors (maybe one parking ticket) and never had a run in with the police.
I like to comfort myself by thinking this won't go very far, but i can't help thinking that tey could make an example of me. I have apologized many times and offered to pay for the replacement of the window (which is merely cracked and not broken), all the constables i have spoken to have told me this is very harsh and that i should apologize before the court which i will do.
I would like to thank everybody on this forum for their help.
Someone mentioned a bend over is this something that could be applied here?
Something is indeed very odd with the scooter thing i am on bail and due to go to the station in february for the scooter part of the equation.The scooter is still in the parking bay, i haven't recovered it even though i have showed i own it, i'm waiting to hear back from the police with regards to this matter.
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